Chesebro Disbarred In New York

The New York Appellate Division for the Third Judicial Department has disbarred Kenneth Chesebro

Respondent was admitted to the practice of law in this state in 2007, and he has also been admitted to practice in Massachusetts, New Jersey, California, Texas, Florida and Illinois. In October 2023, respondent pleaded guilty to a single count of a multicount indictment charging him with the Georgia felony of conspiracy to commit filing false documents. Respondent’s indictment had arisen in connection with his involvement, along with 16 codefendants and others, in a scheme to submit false election results to Congress concerning the 2020 presidential election. The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) thereafter moved to strike respondent’s name from the roll of attorneys due to his felony conviction or, alternatively, to impose discipline upon respondent as a consequence of his commission of a “serious crime” (Judiciary Law § 90 [4] [d]). By affirmation of counsel, respondent opposed AGC’s motion, AGC was heard in reply, and the parties were heard at oral argument on the issues of whether respondent’s conduct constitutes a felony, serious crime or otherwise and, if his conduct constitutes a serious crime, whether respondent should be suspended on an interim basis pending a further hearing and a final order disposing of the matter. By October 31, 2024 order, we partially granted AGC’s motion, finding respondent to have committed a serious crime and suspending him from practice pending our determination of a final disciplinary sanction (231 AD3d 1473 [3d Dept 2024]). Upon respondent’s request, the matter was referred to a referee and a hearing on mitigating and aggravating factors was held in December 2024. The Referee’s report has been supplied to the parties, and they have since been heard as to the Referee’s report and the recommendation as to sanction to be imposed.

The Referee’s report details that, in 2020, respondent assisted Donald Trump’s Presidential campaign with its Wisconsin litigation, authoring a memorandum in November 2020 entitled “The Real Deadline for Settling a State’s Electoral Vote.” In that document, respondent argued that the “real deadline” for a finding by a court in favor of the President and Vice President is January 6, the date upon which the US Senate and House of Representatives meet for the counting of the electoral votes. Based on this conclusion, respondent surmised that, despite not having won the popular vote, if electors met at the Capitol in Wisconsin on December 14, 2020 – the date upon which electors must vote in their respective states – and cast their votes in support of Trump, a court decision or legislative determination rendered after December 14 in favor of that slate of electors should be considered timely, unless the race had been conceded.

Notification obligations

As to his obligations to report his conviction to both this Court and AGC, the Referee noted that respondent failed in this regard (see Judiciary Law §90 [4] [c]; Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.12 [a]), and likewise admitted his failure to report his suspensions in California, New Jersey, Florida and Massachusetts, as well as suspension in various federal courts (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.13 [d]). On this point, the Referee found respondent’s testimony telling, wherein he indicated his belief that AGC was aware of the suspension, and that such belief was based on various “notifications” from other bars, as well as his opinion that his plea was common knowledge given the notoriety of the matter. Likewise, respondent indicated that he was “overwhelmed,” ultimately apologizing that he should have “paid attention to each of the bars.”

Referee recommendation

the Referee noted that he expressed no sincere regret for his actions, further indicating that his “cavalier attitude” to his reporting obligations to state disciplinary authorities demonstrated his hubris, particularly his belief that social media and press coverage would provide the requisite notice concerning his conduct. Notwithstanding all of respondent’s conduct, the Referee concluded that, inasmuch as his testimony revealed that he has been criminally indicted in Wisconsin, such indictment preempts a final disposition of this matter. Accordingly, she recommended that respondent’s suspension remain in effect pending the outcome of the Wisconsin criminal matter.

Sanction

We note that respondent’s criminal conduct – conspiracy to commit filing false documents – is unquestionably serious, inasmuch as he admitted to unlawfully conspiring to knowingly file a document in a public record having reason to know that such document is false or contains a materially false, fictitious or fraudulent statement or representation, with one or more of the coconspirators doing any overt act to effect the object of the conspiracy (see Ga Code Ann §§ 16-4-8, 16-10-20.1 [b] [1]). On that basis alone, respondent’s conduct brings into question his integrity and fitness to continue engaging in the practice of law in New York (see Matter of Scott, 54 AD3d 1145, 1145 [3d Dept 2008]; Matter of Van Riper, 290 AD2d 572, 573 [3d Dept 2002]). On a larger scale, however, respondent’s conduct, which is further detailed through his extensive testimony and the documentary evidence produced at the hearing, “strike[s] at the heart of the administration of justice” (Matter of Reich, 32 AD3d 1106, 1106 [3d Dept 2006]), and undercuts the very notion of our constitutional democracy that he, as an attorney, swore an oath to uphold. Moreover, his cavalier attitude regarding his actions, particularly in the face of his extensive background in the areas of constitutional and election law, largely aggravates his conduct, notwithstanding his lack of disciplinary history (see generally Matter of Guiliani, 230 AD3d 101 [1st Dept 2024]). Given the testimony and evidence produced at the hearing, we conclude that respondent should be disbarred based on his conviction of a serious crime.

(Mike Frisch)